# C_2016419EN.01000801.xml

| 14.11.2016 | EN | Official Journal of the European Union | C 419/8 |
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14.11.2016

EN

Official Journal of the European Union

C 419/8

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Judgment of the Court (Fifth Chamber) of 15 September 2016 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — PGE Górnictwo i Energetyka Konwencjonalna S.A. v Prezes Urzędu Regulacji Energetyki

(Case C-574/14) (1)

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((Reference for a preliminary ruling - State aid - Power Purchase Agreements - Compensation paid for voluntary termination - Commission decision finding State aid compatible with the internal market - Assessment of the lawfulness of aid by a national court - Annual adjustment of stranded costs - Point at which an energy generator’s membership of a group of undertakings is taken into account))

(2016/C 419/09)

Language of the case: Polish

Referring court

Referring court

Sąd Najwyższy

Parties to the main proceedings

Parties to the main proceedings

Applicant: PGE Górnictwo i Energetyka Konwencjonalna S.A.

Applicant:

Defendant: Prezes Urzędu Regulacji Energetyki

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 107 TFEU and Article 4(3) TEU, read together with Article 4(2) of Commission Decision 2009/287/EC of 25 September 2007 on State aid awarded by Poland as part of Power Purchase Agreements and the State aid which Poland is planning to award concerning compensation for the voluntary termination of Power Purchase Agreements must be interpreted as precluding, where the European Commission has assessed a State aid scheme in the light of the Commission Communication of 26 July 2001 relating to the methodology for analysing State aid linked to stranded costs and classified it as being compatible with the internal market before its implementation, the national authorities and courts from reviewing in turn, at the time the State aid in question is implemented, whether it is consistent with the principles set out in that methodology; |
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1.

Article 107 TFEU and Article 4(3) TEU, read together with Article 4(2) of Commission Decision 2009/287/EC of 25 September 2007 on State aid awarded by Poland as part of Power Purchase Agreements and the State aid which Poland is planning to award concerning compensation for the voluntary termination of Power Purchase Agreements must be interpreted as precluding, where the European Commission has assessed a State aid scheme in the light of the Commission Communication of 26 July 2001 relating to the methodology for analysing State aid linked to stranded costs and classified it as being compatible with the internal market before its implementation, the national authorities and courts from reviewing in turn, at the time the State aid in question is implemented, whether it is consistent with the principles set out in that methodology;

| 2. | Article 4(1) and (2) of Decision 2009/287, read in the light of the Commission Communication of 26 July 2001 relating to the methodology for analysing State aid linked to stranded costs, must be interpreted as meaning that, in circumstances such as those in the main proceedings, when calculating the annual adjustment of the stranded costs compensation to be paid to a generator that is a member of a group of undertakings, account must be taken of that group membership and, therefore, the financial results of that group, on the date when adjustment is carried out. |
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2.

Article 4(1) and (2) of Decision 2009/287, read in the light of the Commission Communication of 26 July 2001 relating to the methodology for analysing State aid linked to stranded costs, must be interpreted as meaning that, in circumstances such as those in the main proceedings, when calculating the annual adjustment of the stranded costs compensation to be paid to a generator that is a member of a group of undertakings, account must be taken of that group membership and, therefore, the financial results of that group, on the date when adjustment is carried out.

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(1)  OJ C 89, 16.3.2015.

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